Charlie Sheen Could Be Prosecuted Without Brooke Mueller's Cooperation

Brooke Mueller has hired a lawyer, but also wants to work on her relationship.

BySarah Netter and Sheila Marikar via via logo
December 30, 2009, 7:02 AM

Dec. 31, 2009 — -- Brook Mueller may want a chance to work things out with husband Charlie Sheen in the wake of her claims that he threatened her with a switchblade, but experts say the seriousness of her accusations may get prosecutors involved even without her cooperation.

Lawyers for the Hollywood couple have asked a judge to throw out a restraining order imposed shortly after Sheen was arrested on domestic violence charges Christmas Day, so that they can work on their relationship.

The restraining order, common in Colorado domestic violence cases, prevented Sheen from having contact with Mueller, possessing weapons or using drugs and alcohol.

But even if Mueller is willing to reconcile with Sheen, prosecutors may choose to proceed with a court case without Mueller's testimony, noted criminal defense attorney Roy Black told "Good Morning America."

"There's no question they can proceed without her cooperation ...because they can use her statements, her 911 call," Black said.

Prosecutors would, however, have an easier time with Mueller's help, he said. Though Mueller told a 911 operator that Sheen had threatened her life with a knife, she was reportedly drunk at the time.

"How much can you rely upon what she said?" Black asked. "She says that he has a knife, he denies it. He says it's just an argument over the children, she says it's more than that."

Domestic violence expert Patti Giggans, executive director of the group Peace Over Violence, told "Good Morning America" that it's not uncommon for women to backpedal from their initial statements after a domestic violence incident.

"That spontaneous wanting safety is very sincere. And then when things settle down, in retrospect, they start to think, 'Well I want to preserve the relationship,'" Giggans said. "Or, 'It's the father of my children and I can't send the father of my children to jail.'"

Sheen is due back on the set of his hit CBS comedy "Two and a Half Men" next week.

Mueller doesn't seeming willing to simply let the incident pass without any consequences.

According to, Mueller hired criminal defense attorney Yale Galanter, famous for representing O.J. Simpson.

Charlie Sheen Drama: Domestic Violence or 'One Bad Night?'

Galanter told celebrity Web site TMZ his client isn't going back on her claim that Sheen threatened her with a "switchblade." But, he admitted, Mueller did "minimize her story, like many wives in a similar situation do, when they realize their husband could go to jail."

Galanter told TMZ that the couple loves each other very much and what happened over the Christmas holiday amounted to "one bad night."'s calls and e-mails to Galanter for further comment were not immediately returned.

Meanwhile, Sheen's ex-wife, Denise Richards, is using the current controversy to highlight her problems with the actor. Tuesday, she tweeted that "one day..I will spill my guts about EVERYTHING," alluding to her rocky relationship with her ex-husband and father of their two young daughters.

It's the latest in a long line of scandals for the "Two and a Half Men" star. Below, check out the details behind his most recent arrest and his four other infamous flubs.

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